Definitions
1 Definitions
In this scheme—
adjacent area for a State has the meaning given by clause 14 of this schedule.
Australian ship means—
a ship registered in Australia; or
a ship that operates, or is controlled, from a base in Australia and is not registered under the law of another country; or
a ship that belongs to an arm of the Defence Force.
baseline for a State has the meaning given by clause 15 of this schedule.
foreign ship means a ship other than an Australian ship.
indictable offence means an offence for which a charge may be laid by indictment or an equivalent process (whether that is the only, or an optional, way to lay a charge of the offence).
inner adjacent area for a State means the parts of the adjacent area for the State that are—
on the landward side of the baseline for the State; and
on the seaward side, but within 12 nautical miles from, the baseline for the State.
intergovernmental agreement means the agreement entered into under clause 5 of this schedule.
law of criminal investigation, procedure and evidence means law (including unwritten law) about—
the investigation of offences (including coronial inquiry); or
immunity from prosecution and undertakings about the use of evidence; or
the arrest and custody of offenders or suspected offenders; or
bail; or
the laying of charges; or
the capacity to plead to a charge, or to stand trial on a charge; or
the classification of offences as indictable or summary offences (and sub-classification within those classes); or
procedures for dealing with a charge of a summary offence; or
procedures for dealing with a charge of an indictable offence (including preliminary examination of the charge); or
procedures for sentencing offenders and the punishment of offenders; or
the hearing and determination of appeals in criminal proceedings; or
the rules of evidence; or
other subjects declared by regulation to be within the ambit of the law of criminal investigation, procedure and evidence; or
the interpretation of laws of the kinds mentioned above.
maritime offence means an offence against a law that applies in the adjacent area for a State under this scheme.
offence means an indictable or summary offence.
outer adjacent area for a State means the part of the adjacent area for the State that is outside the inner adjacent area for the State.
participating State Minister means a Minister responsible for administering a State Act that gives effect to this scheme.
ship means a vessel or boat of any description and includes—
a floating structure; and
a hovercraft or other similar craft.
State includes the Northern Territory.
substantive criminal law means law (including unwritten law)—
creating offences or imposing criminal liability for offences; or
dealing with capacity to incur criminal liability; or
providing a defence or for reduction of the degree of criminal liability; or
providing for the confiscation of property used in, or derived from, the commission of an offence; or
providing for the payment of compensation for injury, loss or damage resulting from the commission of an offence, or the restitution of property obtained through the commission of an offence; or
dealing with other subjects declared by regulation to be within the ambit of the substantive criminal law of a State; or
providing for the interpretation of laws of the kinds mentioned above.
summary offence means any offence other than an indictable offence.
The law of criminal investigation, procedure and evidence of the Commonwealth includes provisions of State law on the relevant subjects applied under the Judiciary Act 1903 (Commonwealth).
This Act’s bill:Explanatory memorandum
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